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Weekend Random Thoughts on Fire Service Legal Challenges
Fire Law blog is all about the connection between the fire service and the law. Virtually every aspect of what firefighters do – is impacted by the law and legal issues. Legal services are expensive, and not everyone has friends or relatives who are attorneys that can answer basic legal questions for free, let alone represent them in court. As a result many people choose to go without access to good, competent legal advice until it is too late. Even then the advice and representation comes at great expense. Is there a solution? Well, actually yes, there is. Legal insurance.…
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Orlando Cheating Scandal Alleged
Another cheating scandal has hit the Orlando Fire Department. The new scandal is over the lieutenant’s exam. Allegedly someone sent a text message informing certain members that part of a tactical examination scenario would involve a duplex residence. Union president Steve Clelland commended Fire Chief John Miller’s handling of the matter, and prompt investigation. The matter is expected to be wrapped up by next week. In 2007 a scandal emerged involving a promotional examination for assistant chief. Allegedly a candidate listened into to radio transmissions on an open radio frequency as facilitators prepared for it. The actual exam occurred in 2002,…
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Another Bad January for DeKalb County Fire
January 2010 was a very difficult month for Dekalb County Fire Rescue, and it appears that January 2011 is shaping up to bring problems of a different sort. Recall on January 24, 2010,a fire at 1687 Houghton Court North in Dunwoody claimed the life of Ann Bartlett. Crews dispatched to the house hours earlier failed to fully investigate the initial call. Bartlett's death prompted a very public investigation, leading to the forced resignation of the fire chief, disciplinary actions against five firefighters, and a civil lawsuit. Now January 2011 brings allegations of a different sort. Four off-duty firefighters are alleged to have gone…
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Houston Sexual Harassment Case Update
There has been a new development in the sexual harassment case involving Houston firefighter Jane Draycott that has been in and out of court and the media for the past few years. The EEOC has issued a finding of reasonable cause to believe Draycott was subjected to a hostile work environment. Report: Draycott was Victim of Harassment within Houston Fire Department: MyFoxHOUSTON.com There's another video of the Mayor of Houston from July 9, 2009 discussing the Draycott situation back then. And here is the EEOC Determination Letter: Download 47022897-Draycott-EEOC[1].
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Paramedic Appeals Ruling in Chapel Hill Football Player Wrongful Death Suit
There has been another development in a heartbreaking case from Orange County, North Carolina that has raised several important EMS questions. Atlas Fraley was a 17 year old Chapel Hill High School student who died on August 12, 2008 following a pre-season football scrimmage. After the scrimmage, the 260 pound Fraley went home complaining of a headache and severe muscle cramps. His parents were at work, so he called 911. Paramedic James Griffin from Orange County Emergency Medical Services responded. Fraley told Griffin he thought he was dehydrated, and specifically requested an IV. He advised Griffin that a previous…
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Who’s Job Is It To Remove Bodies?
There's an interesting controversy brewing in Detroit where the family of a man who died Saturday evening, is upset because EMTs didn't remove his body. James Rogers, 75, died of natural causes. Police were notified but did not respond for three hours, and it was two more hours before the funeral home could remove the body. Regarding the five hour wait, Roger's daughter Jamie Allen is quoted as saying "You all just took too long". Do people really believe that our EMS system should be responsible for moving dead bodies? There are some pretty significant ramifications if our role is to expand in such…
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Taxpayers Challenge Colorado Fire District’s Tax Rate
Thirty-one taxpayers in Cimarron Hills, Colorado have filed suit against the Cimarron Hills Fire Protection District challenging the district’s tax rate, and seeking over $2 million that was illegally collected going back to 2004. The suit was filed on December 30, 2010 under the Colorado Taxpayer Bill of Rights, nicknamed TABOR. It prohibits state and local government from raising tax rates without voter approval. Tabor was enacted in 1992 as a state constitutional amendment. Its impact on the Colorado economy is the source of great debate with some claiming it to be of great value and other decrying it as…
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NJ Judge Approves 50 Layoffs in Orange
A New Jersey Superior Court Judge ruled today that the City of Orange Township can move forward with plans to layoff 50 employees including police and firefighters. Police, fire and city worker unions filed suit on January 6, 2011 to block the layoffs claiming they would jeopardize public safety, and that the city failed to give them a meaningful opportunity to negotiate. Judge Patricia Costello disagreed and cleared the city of about 33,000 residents to move forward with the layoff plans in an effort to close a $6 million budget shortfall. The layoffs will be combined with demotions. Union attorneys are…
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Oregon Fire Chief Cited For Accident While Responding
The Fire Chief of Marion County Fire District #1 in Oregon has been cited following a December 31, 2010 accident that occurred while he was responding to a building fire. Chief J. Kevin Henson, 44, was cited for driving an emergency vehicle without due regard by the Marion County Sheriff's Office. Henson was driving a fire department SUV at the time of the accident, and was passing a truck when the vehicles collided. He was injured and the 2010 Chevrolet Tahoe was totaled. According to the sheriff’s investigation, the vehicle data recorder showed Henson was driving at 62 miles per…
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Defamation Suit Against Fire Chief Dismissed
A defamation lawsuit filed last year by an angry property owner against a Kentucky fire department and its fire chief has been dismissed. David Young, owner of Vincent Apartments, sued the city of Ashland and Fire Chief Scott Penick over comments the chief made to a reporter following the code related condemnation of the building. Several other code officials were also named in the lawsuit. Chief Penick made the remarks on January 6, 2010 to a reporter for the Daily Independent, concluding that the building was in a dangerous condition. Young claimed the chief’s remarks were false, malicious, defamatory, and…
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Another Suit Filed in Boston Ladder Crash
Another lawsuit has been filed over the January 9, 2009 apparatus accident that claimed the life of Boston Fire Lieutenant Kevin M. Kelley. The accident occurred when Boston Ladder 26 lost its brakes going down a steep hill and crashed into an apartment building. The suit was filed by the building owner’s insurance company, Federal Insurance Company, on January 5, 2011 in Suffolk County Superior Court, against the city of Boston and six vehicle maintenance shops. It alleges negligence in maintaining Ladder 26’s brakes, and seeks to recover over $410,000 paid to repair the structure. The suit is the second…
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Detroit Fire Chief Terminated – Fox News Taking The Credit
Detroit Mayor David Bing has terminated his top two fire officials, and Detroit's Fox News affiliate is claiming their investigative reporting prompted the reaction. Fire Commissioner James Mack Junior and Deputy Commissioner Seth Doyle complied with the mayor's request for their resignations 24 hours after Fox News brought a cover-up allegation to the mayor. The alleged coverup had to do with a stolen wallet – but it would seem there is alot more to the story. Various other news sources are reporting that the mayor was unhappy with slow response times, poor equipment, and poor communications with his commissioners. James Mack Jr. Out…
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Florida Firefighter Resigns After Setting A Brother Firefighter On Fire as a Joke
Apopka firefighter Jason Leblanc, 44, has resigned following the disclosure that he set another firefighter, 25-year-old Jack Shumate, on fire at a holiday party on December 18, 2010. Shumate sustained second degree burns and has not returned to work since the incident. Leblanc allegedly used lighter fluid to set Shumate’s pants on fire as a joke. Despite his injuries, Shumate has asked that charges not be brought against Leblanc. That appears to be out of his control as Leblanc faces two felony arson charges stemming from the incident. The Apopka Fire Department has launched an internal investigation. Firefighter resigns after…
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